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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36225
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I took care of my mother and aunt for 6 years...my mother

Customer Question

i took care of my mother and aunt for 6 years...my mother had cancer three times and passed away from brain tumour august 9 2016.....my aunt was put in charge and she told me among my brother and sister i could get my credit score in order and purchase the home....three weeks later i get a refusal to vacate notice....i could not aappear because of work....my aunt states she change her mind because they have another buyer and wanted me evicted even though i paid the mortgage up until february 1st of next year....i have done everything i thought i was supposed to legal wise and have all documents to prove it....but i think this is because my siblings want money now and dont care....i was told they want me to vacate immediately and i have no idea what or where to go or what i can do....my mother verbally has stated to my aunts that i got half of everything paid to my mother for helping her through out the cancer....no one will speak except me
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did mother have a will when she passed?

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If so, who did she leave the house to?

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Are you saying that aunt is the representative of mother's estate?

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Who is the legal owner of the house now?

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Did someone actually file a formal eviction lawsuit against you that you were served a summons from the sheriff on?

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thanks

Barrister

Customer: replied 6 months ago.
i have never seen a will....the only written stuff on paper from my aunt was items in the house that would be given to every person included...as far as i know the house was left to be sold and and profit to be split three ways between siblings....as far as i know my aunt was power of attorney until my mom passed on august 9nth....as for represenetative my aunt was officially document as such without my knowledge on October 12. Ditech loan company would be owner who i have paid payments to up until february 2017...i have all documents stating this. The attorney that my mom hired to make sure everything was doled out correctly filed a failure to vacate notice that was not served to me but was served at house to my son named brian kabowski also....when my mother passed away i was told by my aunt that september, october, november was paid...i recieved documents from ditech stating this....i was told by my aunt to get back on track and get my credit score up so i could purchase house and this was recognized and witnessed by several people...my brother and sister were also present and said go ahead and buy it....i then recieved the failure to vacate( my son did)....i was told by my aunt yesterday before court she changed her mind becausse she found a buyer for house....i was in shock
Customer: replied 6 months ago.
ok you asked me questions and i answered them not sure what to do now....
Expert:  Barrister replied 6 months ago.

Ok, I am going to guess some at what is going on here based on what you have said..

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It sound like aunt filed a petition in court to be appointed as the Administrator of the estate if mother had no will. That means that all the children inherit the estate equally, including the money from the sale of the house.

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Aunt now has legal authority over the house and anything that was verbal from mother legally doesn't mean anything. It has to be in writing in a will to be legally enforceable.

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So Aunt is proceeding with settling the estate and part of that is selling the house so she can divide the money up. And apparently she wants to sell it empty without you living there.

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At this point, since you are legally considered a tenant, she has to give you a written one month notice to vacate. If you didn't move out, then she has to file a formal eviction case in court to get a judgment and writ that the sheriff would execute to physically force you to leave.

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So right now, if you have gotten a one month notice to vacate, then that is where you are and when that notice expires, she will have to file a formal eviciton action in court, which takes about 3-4 weeks before she can have the sheriff force you to leave.

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thanks

Barrister